A Tier 2 General Visa allows non-EU skilled workers to come to the UK to fill jobs with companies that have a Tier 2 Sponsor Licence. If your business has a Sponsor Licence and you’re looking to hire a skilled worker from outside the EU, that employee will need to apply for a Tier 2 General Visa.
Although it’s the employee’s responsibility to apply for the visa, as a sponsor, your business also plays a key role in ensuring the application is successful. Failing to follow the proper procedures could lead to issues with your Sponsor Licence, including suspension or revocation, which could prevent you from hiring skilled workers in the future.
Why You Need an Immigration Lawyer for Your Tier 2 General Visa Application
Here’s how an experienced immigration lawyer can help make sure your Tier 2 General Visa application is successful:
1. Ensure a Compliant Resident Labour Market Test (RLMT)
Before sponsoring a Tier 2 General Visa, your business must complete a Resident Labour Market Test (RLMT). This test ensures that there are no suitable candidates from the UK or EEA for the job.
There are some exceptions, like if the job is on the Shortage Occupation List or if the employee is switching from a Tier 4 Visa to Tier 2 General. To conduct a compliant RLMT, you must place two job ads that meet the UKVI requirements. These ads must include:
- Job title and description
- Salary information
- Required skills and qualifications
- Closing date (unless the job is part of ongoing recruitment)
The ads must run for 28 days, and you need to keep accurate records. Failing to follow the RLMT correctly can lead to your Sponsor Licence being suspended or revoked. An immigration lawyer can help ensure that the RLMT is completed properly and that all required records are maintained.
2. Paying the Correct Salary
One of the most important aspects of sponsoring a Tier 2 General worker is ensuring that the salary meets the UKVI’s requirements. The salary must be either £30,000 per year or the appropriate salary for the position, whichever is higher.
If the worker wishes to apply for Indefinite Leave to Remain (ILR) after five years, they will need to earn at least £35,000 per year. Ensuring the correct salary is paid from the start is essential to avoid complications down the line.
An immigration lawyer can help you determine the right salary for the job and ensure that your business is meeting the requirements to support your worker’s visa renewal and potential ILR application.
3. Understand the Applicable Fees
There are several fees associated with hiring a non-EEA worker under the Tier 2 General Visa route. These include:
- Immigration Skills Charge: A fee paid by the employer to help fund the UK’s apprenticeship programs.
- Healthcare Surcharge: Paid by the employee and their dependents to access the NHS.
- Proof of Savings: The employee must show they have enough money to support themselves, and as a sponsor, you may need to cover this cost.
Deciding who pays these fees is something you can negotiate with the employee, but it’s important to understand your responsibilities. For example, if your business holds an A-rated Sponsor Licence, you may be able to confirm that you can cover the savings requirement for the employee and their dependents.
An immigration lawyer from Law and Visas can guide you through these fees and help you decide how to manage them effectively.
Sponsoring a Tier 2 General Visa worker involves several important steps and responsibilities. By working with an experienced immigration lawyer, your business can ensure it complies with all the requirements, from the RLMT to paying the correct salary and handling the associated fees.
At Law and Visas, we help businesses navigate the complexities of sponsoring Tier 2 workers. Our expert team can guide you through every step of the process, ensuring compliance and reducing the risk of costly mistakes. With the right support, you can attract and retain the talented workers your business needs to grow.
